Saddam's Trial Begins: Should he be Executed?
by Kamal Nawash, Esq.
Washington, DC - The Free Muslims Coalition, a national Muslim organization, argues against the execution of Saddam Hussein.
On October 18, Saddam Hussein appeared in an Iraqi court to answer criminal charges. Mr. Hussein is about to begin accounting for his past in a case centering on the execution of more than 140 men and teenage boys in Dujail, a mostly Shiite town north of Baghdad. The victims were apprehended after an assassination attempt against Mr. Hussein there in 1982.
The coming trial of Saddam Hussein has raised questions about the fairness of his trial and whether he should be executed. Many in the Kurdish and Shia communities would like to see a quick trial followed by an immediate execution. Last month, Iraqi president, Jalal Talabani, a Kurd, told the state-run television network that tribunal officials had told him that Mr. Hussein had admitted to ordering the massacres of Kurds in a military offensive known as the Anfal campaign. "He confessed about the Anfal executions…," "Saddam should be executed 20 times." President Talabani said.
Should Saddam Hussein be given a fair trial? Should he be executed? The Free Muslims Coalition believes that the entire Middle East and the Muslim world can benefit by giving Saddam Hussein a fair trial and by NOT executing him.
Many of the countries in the Arab and Muslim world lack independent and or sophisticated courts. In many instances courts simply hand down judgments that are consistent with the wishes of the executive branch. This lack of autonomy and independence in the courts has retarded the development of a fair and partial judiciary.
For example, in countries like Iran and Saudi Arabia, it is not unusual for a criminal suspect to be accused, tried, convicted and executed in a matter of days. The people of the Arab and Muslim world deserve better than this. The fairness by which Saddam Hussein is treated should be used as an example of what every Iraqi, Arab and Muslim should expect in their countries.
Saddam Hussein should be given an OJ Simpson type trial. His trial should be made public, with rules of evidence that are fair and transparent. His attorneys must be given the opportunity to investigate and challenge the government's evidence. Saddam's trial is a great opportunity to strengthen the rule of law and justice for the average person in the entire Arab and Muslim world.
If after a fair trial, he is found guilty then he should NOT be executed. At this point in history, the legal systems of the Arab and Muslim countries are not sophisticated enough to allow for capital punishment. To illustrate this point, one needs to only consider the American legal system. The United States has one of the fairest and most sophisticated legal systems in the world. Those who are sentenced to capital punishment are allowed numerous opportunities to appeal and to provide evidence that they are innocent. Generally, it takes an average of 13 years to execute a defendant in the United States. Despite this level of caution in the United States, there have been many documented cases where innocent defendants were sentenced to death. If this is the case in the United States, one can only imagine how many innocent defendants are convicted in Arab and Muslim countries. For this reason, there must be a moratorium on capital punishment in the Arab and Muslim countries and Saddam's case can be the first example.
The United States must insist that the Iraqi government provide Saddam with a fair trial and if convicted to be sentenced to life in prison. Such a trial and verdict can create a higher level of expectation among Iraqis, Arabs, Middle Easterners and Muslims as to the quality of justice and respect they deserve. The belief that one is entitled to a high level of individual justice and respect will make that person more resistant to authoritarian governments. History has shown that the more self worth, self respect and individual liberty that individuals have, the more likely they are to insist on establishing democratic societies.
Moreover, if Iraq is seeking to break a cycle of violence that has rotated for nearly a century; surely it makes no sense to mark this new dawn by shooting or beheading Saddam? If Iraq is to become a place where death is no longer part of the political currency, it makes sense to start here.
For more information, visit www.freemuslims.org
Washington, DC - The Free Muslims Coalition, a national Muslim organization, argues against the execution of Saddam Hussein.
On October 18, Saddam Hussein appeared in an Iraqi court to answer criminal charges. Mr. Hussein is about to begin accounting for his past in a case centering on the execution of more than 140 men and teenage boys in Dujail, a mostly Shiite town north of Baghdad. The victims were apprehended after an assassination attempt against Mr. Hussein there in 1982.
The coming trial of Saddam Hussein has raised questions about the fairness of his trial and whether he should be executed. Many in the Kurdish and Shia communities would like to see a quick trial followed by an immediate execution. Last month, Iraqi president, Jalal Talabani, a Kurd, told the state-run television network that tribunal officials had told him that Mr. Hussein had admitted to ordering the massacres of Kurds in a military offensive known as the Anfal campaign. "He confessed about the Anfal executions…," "Saddam should be executed 20 times." President Talabani said.
Should Saddam Hussein be given a fair trial? Should he be executed? The Free Muslims Coalition believes that the entire Middle East and the Muslim world can benefit by giving Saddam Hussein a fair trial and by NOT executing him.
Many of the countries in the Arab and Muslim world lack independent and or sophisticated courts. In many instances courts simply hand down judgments that are consistent with the wishes of the executive branch. This lack of autonomy and independence in the courts has retarded the development of a fair and partial judiciary.
For example, in countries like Iran and Saudi Arabia, it is not unusual for a criminal suspect to be accused, tried, convicted and executed in a matter of days. The people of the Arab and Muslim world deserve better than this. The fairness by which Saddam Hussein is treated should be used as an example of what every Iraqi, Arab and Muslim should expect in their countries.
Saddam Hussein should be given an OJ Simpson type trial. His trial should be made public, with rules of evidence that are fair and transparent. His attorneys must be given the opportunity to investigate and challenge the government's evidence. Saddam's trial is a great opportunity to strengthen the rule of law and justice for the average person in the entire Arab and Muslim world.
If after a fair trial, he is found guilty then he should NOT be executed. At this point in history, the legal systems of the Arab and Muslim countries are not sophisticated enough to allow for capital punishment. To illustrate this point, one needs to only consider the American legal system. The United States has one of the fairest and most sophisticated legal systems in the world. Those who are sentenced to capital punishment are allowed numerous opportunities to appeal and to provide evidence that they are innocent. Generally, it takes an average of 13 years to execute a defendant in the United States. Despite this level of caution in the United States, there have been many documented cases where innocent defendants were sentenced to death. If this is the case in the United States, one can only imagine how many innocent defendants are convicted in Arab and Muslim countries. For this reason, there must be a moratorium on capital punishment in the Arab and Muslim countries and Saddam's case can be the first example.
The United States must insist that the Iraqi government provide Saddam with a fair trial and if convicted to be sentenced to life in prison. Such a trial and verdict can create a higher level of expectation among Iraqis, Arabs, Middle Easterners and Muslims as to the quality of justice and respect they deserve. The belief that one is entitled to a high level of individual justice and respect will make that person more resistant to authoritarian governments. History has shown that the more self worth, self respect and individual liberty that individuals have, the more likely they are to insist on establishing democratic societies.
Moreover, if Iraq is seeking to break a cycle of violence that has rotated for nearly a century; surely it makes no sense to mark this new dawn by shooting or beheading Saddam? If Iraq is to become a place where death is no longer part of the political currency, it makes sense to start here.
For more information, visit www.freemuslims.org
1 Comments:
Transparency and fairness is fine, but the U.S. has a circus of a system. History will look at the excesses of offenders with multiple convictions running rings around U.S. justice and avoiding any serious punishment as a way to not do things ultimately. Americans should also notice that the justice system of a nation is a huge statement of a nation's culture, and the culture of the Mideast and America are very different and will not easily change. Some people get the idea that inside every (insert other) is an American trying to get out, and this gives me chills as this is most certainly not the case.
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